Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Western Water Law & Policy Reporter

April 2011

Volume 15, Number 6 April 2011


Public Policy Institute of California Proposes Broad Reforms to Manage California Water159

Sacramento River Settlement Contractors Withdraw from the U.S. Bureau of Reclamation’s North to South Water Transfer Program161

The Status of Water Conservation and Reuse in New Mexico162


The U.S. Senate and California Assembly Introduce Bills Limits on Chromium 6 in Drinking Water165

Utah Legislature Addresses Several Water-Related Bills167

Texas State Senator Introduces Bill to Create a Vested Property Interest in Groundwater—Bill Passes Senate Committee on Natural Resources169


Flood Control Management and Liability Update171


U.S. Fish and Wildlife Service Releases Draft Guidelines for Siting Wind Energy Projects173



Ninth Circuit Grants Private Landowner Standing to Challenge EPA’s Approval of Clean Water Act ‘Impaired Waters’ Listing176

Barnum Timber Co. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-17715 (9th Cir. Feb. 3, 2009).

Federal Circuit Rules in Klamath Case Involving Water Deliveries by U.S. Bureau of Reclama-


Klamath Irrigation District et al. v. U.S., ___F.3d___, Case No. 2007-5115 (Fed. Cir. Feb. 17, 2011).

District Court’s Rejects PG&E Attempts to Claim that Its Service Yards Are Subject to Clean

Water Act NPDES Permitting as ‘Industrial Activities’179

Ecological Rights Foundation v. Pacific Gas and Electric Company, ___F.Supp.2d___, Case No. C 10-0121 RS, slip op. (N.D. Cal. Feb. 4, 2011).

District Court Finds Clean Water Act Citizen Suit Notice Adequate Despite Specific Violation Dates Not Alleged181

Northern California River Watch v. Oakland Maritime Support Services, ___F.Supp.2d___, Case No. C 10-03912 CW (N.D. Cal. Feb. 14, 2011).


Colorado Supreme Court Examines Stipulated Water Court Decree—Holds Water District Abandoned Water Rights for Failure to Timely File to Perfect Rights182

Cherokee Metro. Dist. v. Upper Black Squirrel Creek Designated Ground Water Management District, ___P.3d___, Case No. 09SA337 (Colo. Feb. 7, 2011).